[Adopted 1-22-1996 by L.L. No. 2-1996]
The purpose of this article is to protect the public health, safety
and welfare by providing for the regulation of the use of the Hurley-Marbletown
Rail Trail Linear Park.
This article is enacted pursuant to the authority vested in the Town
of Hurley by the Town Law, the Municipal Home Rule Law and other applicable
laws of the State of New York.
The following words and terms shall have the following meanings when
used in this article:
FIREARM
A weapon from which a projectile is fired by gunpowder or other explosive
substance.
MOTORIZED VEHICLE
Any mechanical conveyance or apparatus which is powered by a motor
or an engine and is designed or is or may be used for the transport of persons
or property.
The Town Board shall oversee the operation of the Linear Park and in
doing so may from time to time or at any time as it deems appropriate:
A. Temporarily or permanently modify the hours of operation
of the Linear Park or any portion or portions thereof.
B. Designate one or more parking areas or lots for users
of the Linear Park.
C. By resolution duly adopted and filed in the Town Clerk's
office, add any other town lands to the Linear Park by any designation it
shall choose for the purpose of regulating same under this article.
D. Make such other provision, rule or regulation which it
deems appropriate for the operation or use of the Linear Park, including the
temporary suspension, for a particular use of purpose, of any provision of
this article. Any such suspension shall be in writing and notice thereof shall
be given to the Town Clerk and, if appropriate, to local law enforcement agencies
in whose jurisdiction the Linear Park or any portion thereof is located.
The Town Board shall cause to be conspicuously posted at all entrances
to the Linear Park, the hours of operation thereof (if less than 24 hours
per day and seven days per week) and the rules and regulations governing the
use of the Linear Park as set forth in this article and as adopted by the
Town Board from time to time pursuant hereto.
The following items, activities and actions are prohibited in the Linear
Park:
B. The discharge of firearms.
C. Hunting and/or trapping, but this provision shall not
be construed to prohibit any hunter or trapper from using the Linear Park
for access to or from other lands on which hunting or trapping may be allowed.
D. Motorized vehicles, except those parked or parking in
or exiting from designated parking areas, and except for official emergency
and maintenance vehicles being lawfully operated at the location of operation
for their intended purpose.
H. Trespassing (any member of the public entering or remaining
in the Linear Park at any time when it is closed to public use without written
permission from the Town Supervisor or the Town Clerk).
This article shall not be deemed to adversely affect any existing private
rights-of-way or other easements, or any rights appurtenant thereto, on or
over any portion of the Linear Park.